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Lawyer Says Client Can't Trust Judge or Court in Kobe Bryant Case

Aired July 29, 2004 - 11:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


DARYN KAGAN, CNN ANCHOR: It is 11:00 a.m. on the East Coast, 8:00 a.m. on the West Coast. From CNN Center in Atlanta, good morning, once again. I am Daryn Kagan.
Let's take a look at some live pictures from Boston's FleetCenter where the stage is set for the main event of the Democratic convention. Tonight John Kerry addresses the convention and the nation as he accepts his party's presidential nomination.

(BEGIN VIDEO CLIP)

JOHN GLENN (D), FMR. SEN. FROM OHIO: Ohio takes great pride tonight in being the state to put this voting over the top in making John Kerry's candidacy official as we cast 159 votes for the next president of the United States, John Kerry.

(END VIDEO CLIP)

KAGAN: That was the traditional state-by-state roll call. The battleground state of Ohio cast the decisive votes to officially give Kerry the nomination.

Kerry's running mate, John Edwards, fired up the crowd last night declaring, hope is on the way.

Edwards praised Kerry as a tested leader. And he touched on issues like race relations.

(BEGIN VIDEO CLIP)

SEN. JOHN EDWARDS (D), VICE PRESIDENTIAL CANDIDATE: I've heard some discussions and debates around America about where and in front of what audiences we ought to talk about race and equality and civil rights. I have an answer to that question, everywhere, everywhere, everywhere.

(APPLAUSE)

EDWARDS: This is not an African-American issue. This is not a Latino issue. This is not an Asian-American issue. This is an American issue.

(END VIDEO CLIP)

KAGAN: OK. Let's begin our convention coverage this hour with a preview of John Kerry's big night. For that we go back to our national correspondent Bob Franken on the floor of the FleetCenter in Boston. Good morning, once again.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

And of course the Democrat slogan this week is, politics is only for the fleet. And tonight, John Kerry is going to be addressing not just the FleetCenter, but he is going to be, of course, addressing the entire nation.

And we are told that what he's going to have to do when he goes UP to that podium is that he's going to have to sell himself. Forget all the issues. They've been widely discussed. So the strategy goes, he's going to have to go up there and show the world that he is not the aloof, low-key person who does not inspire, which has been the rap against him for many years.

And they are very well aware of that, and they're trying to create a speech that is going to sort of test his ability to project himself as a forceful, forceful and down-to-earth person. That's really going to be what the mission is going to be tonight.

You can see, one of the things that you do when you are a reporter or camera person down here, you spend an awful lot of time in front of that podium waiting for somebody to show up, to do a mic check.

Just a few moments ago, we had Madeleine Albright up here. She was checking on one of the side podiums to do her audio check. You will notice that there is no side podium now. They go in and out of the stage. There was a podium right there, but it is gone.

And when the people come out among the other things they do is they test their ability to use the teleprompter. We told you about that. Presumably they'll have something on there like testing, testing, audio check. But it is just a way for those who are going to be speaking to get a feel for the hall. The difference, of course, therein being that this evening when we get here these seats are going to be filled with thousands of people ready to cheer their candidate on, ready to send them out for the big political battle that lies ahead -- Daryn?

KAGAN: And I would imagine that at some point this morning the nominee himself will come out and test out the waters, so to speak.

FRANKEN: Well, we don't know what time that's going to happen, if it does. Now, of course, he's very familiar with his hall, but he's usually more familiar with it if he comes to watch a Bruins game or a Celtics game or something like that. This is for sporting events usually. And I suppose one could argue that there's no greater contact sport than, you know, politics.

KAGAN: Yes. And if he's ever going to make a slam dunk, tonight would probably be the best time for him to do that.

FRANKEN: This would be the night, yes.

KAGAN: If we're going to keep those sporting analogies. Well, you know, you and I could do sporting analogies all day long, but we'll spare the audience. Bob Franken in Boston, thank you.

All right. Let's get some perspective now on the convention from two opposing viewpoints. Former Secretary of State Madeleine Albright and former New York mayor, Rudy Giuliani, were guests earlier on CNN's AMERICAN MORNING. The each talked about the issue of national security in the presidential race.

(BEGIN VIDEO CLIP)

MADELEINE ALBRIGHT, FMR. SECRETARY OF STATE. To have to tell you as somebody who's been in foreign policy my whole life, this international situation is a mess. That's a diplomatic term of art. And it requires new leadership.

And so, I think this is something that we need to discuss in front of the American people and make clear that John Kerry is the right leader to be able to protect America.

RUDOLPH GIULIANI (R), FMR. NEW YORK MAYOR: You've got to look at what people do, not what they say. John Kerry was on the intelligence committee for a large part of his career in the United States Senate. He missed 38 out of 48 meetings. He was absent for them.

John Edwards has been on for a short while, he's missed four of eight meetings of the intelligence committee, even since September 11th. So, this interest in saying that they are going to prosecute the war on terrorism as effectively as President Bush certainly is belied by the way in which they've acted in the past.

(END VIDEO CLIP)

KAGAN: The threat of a new terror attack could play a critical psychological role in the upcoming election. Our senior political analyst Bill Schneider now with the "Fear Factor."

(BEGIN VIDEOTAPE)

BILL SCHNEIDER, CNN POLITICAL ANALYST (voice-over): This is the first political convention since 9/11. Security is pervasive.

UNIDENTIFIED FEMALE. Well I think the police and others are very much on guard. We're being asked to show our identification everywhere we go.

SCHNEIDER: The Bush administration is continuing to issue strong warnings.

JOHN ASHCROFT, ATTORNEY GENERAL: The extremist terrorist al Qaeda is determined to hit the United States. I believe they have a plan to hit the United States again this year.

SCHNEIDER: Democrats call it fear mongering.

REP. NANCY PELOSI (D), MINORITY LEADER: If the administration has information to that extent, they should immediately shared it with Congress or stop the fear mongering.

SCHNEIDER: Fear does not seem to be pervasive at this convention.

UNIDENTIFIED MALE: Nothing is going to happen. It's going to be great.

UNIDENTIFIED MALE: I think there's been a lot of hype about it. And I think it's going to be overrated.

SCHNEIDER: In fact, the convention speakers have made a point of playing down the fear factor.

TERESA HEINZ KERRY, WIFE OF SEN. JOHN KERRY: John believes that we can and we must lead the world as America, unique among nations, always should by showing the face, not of its fears, but out of our hopes.

SCHNEIDER: Democrats accuse the Bush administration of spreading fear in order to gain political advantage, something they say John Kerry would not do.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: He knows that a true leader inspires hope and vanquishes fear. This administration does neither. Instead it brings fear.

SCHNEIDER: If the Democratic convention is downplaying the fear factor, you can be sure the Republican convention will not.

Want a preview?

DICK CHENEY, VICE PRESIDENT OF UNITED STATES: If terrorists get their hands on that deadly technology, there can be no doubt they will inflict catastrophic damage on America and our allies.

SCHNEIDER: We know what the message of the GOP convention will be.

CHENEY: Terrorist attacks are not caused by the use of strength, they are invited by the perception of weakness.

SCHNEIDER: And how that message will be received by some voters.

BERNARD KERIK, FMR. NYC POLICE COMMISSIONER: I fear and other attack, and I fear that attack with a John Kerry, Senator Kerry being in office responding to it.

SCHNEIDER: Bill Schneider, CNN, Boston.

(END VIDEOTAPE)

KAGAN: All right. Let's mix it up a little bit here. Check in with our "CROSSFIRE" co-hosts, shockingly not seeing eye, at the FleetCenter.

As always, Paul Begala on the left, Robert Novak on the right. Gentlemen, good morning. Thanks for getting up early with us. It early for you guys.

ROBERT NOVAK, CNN "CROSSFIRE" HOST: Good morning.

PAUL BEGALA, CNN "CROSSFIRE" HOST: Hi, Daryn. Not bad.

KAGAN: OK. Let's talk about the scripted and the unscripted. First of all, the scripted, and that would be Senator Kerry. We had all the harbor stuff, yesterday. Tonight this 9-minute bio-pic that was supervised by none other than Steven Spielberg.

Democrats first. Just because it's your party, Paul, you go first.

BEGALA: I can't wait to see it. John Kerry has a really unique American story of heroism. He is a child privilege. He decided to go and serve. As President Clinton said on the first night of this convention, he said send me when a whole lot of other people, including Bill Clinton, George W. Bush, and Dick Cheney said they didn't want to go.

And I think that's more relevant today because we are in a post 9/11 world. You just saw in that piece that you just showed us, the Bush campaign trying to spread fear. It seems to me their message is from the old horror movie, be afraid, be very afraid.

Well if that's the standard, I know who I'd rather want to be in a fox hole with, an Andover cheerleader or a naval war hero.

KAGAN: Hey Bob, is it true what I heard, that your souvenir for this convention, you want to get a DVD of tonight's movie so you can go home and play it over and over and over again?

NOVAK: Yes, you know, Daryn, Paul said he couldn't wait for that film. I can't wait.

KAGAN: You can wait?

NOVAK: I will wait.

I think this is a very dangerous approach taken by the Kerry campaign for two reasons. One is they have blocked out one aspect of the Senator's career, and that's when he was a war protester. There's a lot of film on that, not too good, accusing the United States of conscious, deliberate war crimes. You're going to see more of that film in the year.

But the other part is, the part of his heroism when he got all those medals, there's a lot of people who say this is very fishy. There going to be a retort on that. And I think you're going to see it beginning this week, of wondering just how good was John Kerry's war record?

This was invited by Senator Kerry. You never heard much about the details of his performance in Vietnam. They opened it up. Now they're going to have a very interesting counterattack on what kind of war record it is. It's going to be very interesting to watch. I can't wait for that.

KAGAN: OK. As we wait for that and wait for John Kerry's big moment tonight, a couple moments I want to talk about from last night.

The Reverend Al Sharpton, you might have liked what he had to say or not, but God bless Reverend Sharpton for having an unscripted moment and going off script that the Democratic convention. At least there was a surprise, Paul.

BEGALA: Yes, there was. I ran into Reverend Sharpton on Sunday night and he asked me about the speech, and I said put the wood to them.

You know, Senator Kerry has a problem in motivating African- American voters, something Bill Clinton never had. And it's a real problem. And Reverend Al Sharpton doesn't have that problem. And he got up there, and he spoke to the choir.

You know, Democrats, Al Gore got 92 percent of the African- American vote the last time around, but John Kerry can't take it for granted. He's going to have to find ways to motivate and inspire the African-American vote. And I thought Reverend Sharpton did a great job of doing that. Last night. It proves that Democrats are not taking black votes for granted.

KAGAN: By doing that, Bob, you think some of the Democratic strategists in the back were cringing because some of the things he is saying can be used against the Democrats?

NOVAK: They weren't cringing. They were dying in the back. I know that because I talk to them. Paul will always -- my good friend Paul will always say to somebody put the wood to them, and it's always -- it's not always the right idea.

KAGAN: Careful, it's a family program. Keep going.

NOVAK: I would say, Daryn, that this turns off most people. I really -- I don't even think African-Americans are energized by this kind of demagoguery. I like Al Sharpton. I thought he would've been a good candidate nominee for president by the Democrats, but I believe that this dwindles the vote. The kind of black they want out there representing the party is Senator Obama from Illinois and not Al Sharpton.

KAGAN: Well, it's been an interesting convention to see all different types of faces, including yours to. Good to have you with us this morning. Bob Novak, Paul Begala, thank you so much.

Let's take a look at tonight's convention speakers. It includes former Secretary of State Madeleine Albright, former NATO commander and ex-Democratic presidential candidate Wesley Clark, Senator Joseph Lieberman of Connecticut, also a former rival of Kerry, and of course Senator Kerry giving his acceptance speech.

Our own primetime lineup for you includes "ANDERSON COOPER 360" at 7:00 Eastern.

Wolf Blitzer follows at 8:00 Eastern.

At 9:00 "LARRY KING LIVE" is on the floor of the FleetCenter.

And for a schedule of tonight's key events and a special report on the convention as well as plenty of analysis is all there for you on our Web site cnn.com.

Other news today, federal agents are questioning a woman in Texas for possible terror connections. Officials say the woman's name appears on an FBI watch list.

She drew attention when customs agents discovered several pages had been torn from her South African passport. She flew from South Africa to Mexico with stops in Dubai and London before crossing into the U.S. Her final destination was apparently going to be New York City. Agents say the woman carried more than $7,000 in cash. The Bush administration has warned that al Qaeda could use women and not Arabs as operatives.

Well read all about it. For just a little while, you could. How confidential details of the Kobe Bryant case ended up on the courts Web site again. That story is coming up next.

The 9/11 commission has spoke and now both the White House and Congress are expected to take action. Tomorrow is a very big day. We'll explain with our Ed Henry.

And later, when news breaks, he fixes it. Jon Stewart talks and laughs with us when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

MARY SNOW, CNN FINANCIAL CORRESPONDENT: I'm Mary Snow at the New York Stock Exchange where stocks are edging higher as prices for oil cloth. Strong profit reports from big names like Exxon-Mobil, MetLife and Aetna are also helping to boost investor sentiment today. But a couple of negative brokerage comments on General Motors are keeping the blue chip average in check. GM stock is down more than 3.0 percent.

Checking the latest numbers right now. The Dow up five points. The Nasdaq is gaining close to 1.0 percent. The price of oil is retreating down $0.55 a barrel from the record high reached just yesterday.

And that the latest from Wall Street.

LIVE TODAY continues right after the break.

(COMMERCIAL BREAK)

KAGAN: So far Salt Lake City police say they found nothing of consequence in searching for a landfill for clues in the disappearance of Lori Hacking. Authorities have labeled the case a criminal investigation to obtain a court order pursuing the contents of a search warrant.

Hacking's husband says his wife never returned from a morning jog on July 19th. Police call him now a person of interest in their investigation.

In California next hour, Scott Peterson's attorney will ask a judge to bring the double murder trial to an end alleging police perjury. The defense wants a mistrial or dismissal because it says a detective lied on the stand. Peterson is charged with killing his wife Laci and their unborn son.

There has been yet another court snafu in the Kobe Bryant case. For the third time a court official has released information that was supposed to remain confidential and he did it on the Internet.

CNN national correspondent Gary Tuchman is in Eagle, Colorado with details. Gary, good morning.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Daryn, hello to you.

The attorney for the alleged victim in the Kobe Bryant case is so angry that he decided to talk to me on the record, on the telephone, despite the fact that under the tough decorum orders in this case he could get in trouble for doing so.

He is angry that for the third time, as you said, Daryn, online for reporters to see information that was supposed to be confidential. In this case, it contained the woman's name and information about Kobe Bryant's rape exam which the defense hopes to show proves that this woman had sex with someone the day after she was with Kobe Bryant.

Her attorney John Clune strongly denies that. And he talked to me yesterday on the telephone about what has happened on the computer now three times. He told me, "She," meaning his client, "does not trust the judge in court and she has no reason to at this point."

He then added to me, "The judge needs to apologize, and he has to explain to her that these are not intentional acts."

Now we've been very careful, as have most news in this case, not to use this woman's name, and were not going to do so today, despite the fact that we keep seeing it.

We also have not shown her face when she's gone inside the court. No this all comes on the heels of a mistake last month in which 206 pages of information that was supposed to be confidential were sent to some reporters. And the judge said you should immediately destroy it -- reporters you could go to jail.

The reporters appealed it. It went all the way to the U.S. Supreme Court. The U.S. Supreme Court on first amendment grounds made it clear to the trial judge that he should release this information.

The judge has decided to do so. He will meet this Friday in a previously scheduled pretrial hearing to discuss with lawyers how to release it. The information about this woman's rape exam will probably be released to reporters this Monday. And this all comes after the judge decided two weeks ago that many details of the woman's sex life will be allowed to be discussed during the trial which begins on August 27.

I ask John Clune, with all these things going on, does this woman still want to go ahead with this trial. And he said, she still does.

Daryn, back to you.

KAGAN: All right, Gary Tuchman in Eagle, Colorado tracking that case for us, thank you.

A spokesman for Anthony Anderson says that he is confident the actor will be cleared of a rape charge. Anderson and another man were arrested on a movie set in Memphis, Tennessee yesterday. They were scheduled to be arraigned today. A woman has accused the two of sexually assaulting her in a trailer used by the film crew.

Anderson has appeared in movies like "Barber Shop" and "Me, Myself and Irene" and others.

They say everything is bigger in Texas. Unfortunately this morning that goes for storms and flooding as well.

The latest pictures and weather forecast coming up.

And later, our intrepid Richard Quest is back. He continues his own quest for the spirit of the American voter. Today, it's taking him to one group that could hold the key to a battleground state.

Richard Quest is just ahead.

(COMMERCIAL BREAK)

KAGAN: A foot of rain caused huge problems overnight around the Dallas-Fort Worth area. The sheriff's department reports more than 80 high water rescues were made, including a 16-year-old boy who was swept into a flooded creek.

One vehicle death was blamed on the weather and more than 200 homes were evacuated in the town of Lancaster. So, what can the folks in Texas expect today. Our own Texan, honorary Texan, Orelon Sidney, takes a look at.

ORELON SIDNEY, CNN METEOROLOGIST: It seems like you're going to get a little bit better forecast as the day goes on.

(WEATHER BREAK)

SIDNEY: Daryn?

KAGAN: All right, Orelon, thank you for that. Wishing dry times to our friends in Texas.

The recommendations have been made. Now come the action and the political jockeying. A follow-up from the 9/11 commission report is about to reach critical mass -- details next.

And later, the presidential race is nothing to laugh at, well, unless your Jon Stewart. An unconventional look at the convention just ahead.

(COMMERCIAL BREAK)

KAGAN: I'm Daryn Kagan at the CNN Center in Atlanta. Let's check what's happening now in the news this Thursday, July 29th.

It is almost show time for John Kerry at the Democratic national convention. A live picture there from the FleetCenter where he will formally accept his party's nomination to run against President Bush.

Kerry's nomination was sealed last night with a roll call of states.

Kidnappers in Iraq reportedly have seized a Somali truck driver. They're threatening to behead him if the Kuwaiti company that he works for doesn't withdraw from Iraq in 48 hours.

And President Bush is expected to sign executive orders by early next week implementing some intelligence reforms suggested by the 9/11 commission. Many of the recommendations will have to wait for legislation to be enacted by Congress.

Keeping you informed, CNN is the most trusted name in news.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com


Aired July 29, 2004 - 11:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: It is 11:00 a.m. on the East Coast, 8:00 a.m. on the West Coast. From CNN Center in Atlanta, good morning, once again. I am Daryn Kagan.
Let's take a look at some live pictures from Boston's FleetCenter where the stage is set for the main event of the Democratic convention. Tonight John Kerry addresses the convention and the nation as he accepts his party's presidential nomination.

(BEGIN VIDEO CLIP)

JOHN GLENN (D), FMR. SEN. FROM OHIO: Ohio takes great pride tonight in being the state to put this voting over the top in making John Kerry's candidacy official as we cast 159 votes for the next president of the United States, John Kerry.

(END VIDEO CLIP)

KAGAN: That was the traditional state-by-state roll call. The battleground state of Ohio cast the decisive votes to officially give Kerry the nomination.

Kerry's running mate, John Edwards, fired up the crowd last night declaring, hope is on the way.

Edwards praised Kerry as a tested leader. And he touched on issues like race relations.

(BEGIN VIDEO CLIP)

SEN. JOHN EDWARDS (D), VICE PRESIDENTIAL CANDIDATE: I've heard some discussions and debates around America about where and in front of what audiences we ought to talk about race and equality and civil rights. I have an answer to that question, everywhere, everywhere, everywhere.

(APPLAUSE)

EDWARDS: This is not an African-American issue. This is not a Latino issue. This is not an Asian-American issue. This is an American issue.

(END VIDEO CLIP)

KAGAN: OK. Let's begin our convention coverage this hour with a preview of John Kerry's big night. For that we go back to our national correspondent Bob Franken on the floor of the FleetCenter in Boston. Good morning, once again.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning.

And of course the Democrat slogan this week is, politics is only for the fleet. And tonight, John Kerry is going to be addressing not just the FleetCenter, but he is going to be, of course, addressing the entire nation.

And we are told that what he's going to have to do when he goes UP to that podium is that he's going to have to sell himself. Forget all the issues. They've been widely discussed. So the strategy goes, he's going to have to go up there and show the world that he is not the aloof, low-key person who does not inspire, which has been the rap against him for many years.

And they are very well aware of that, and they're trying to create a speech that is going to sort of test his ability to project himself as a forceful, forceful and down-to-earth person. That's really going to be what the mission is going to be tonight.

You can see, one of the things that you do when you are a reporter or camera person down here, you spend an awful lot of time in front of that podium waiting for somebody to show up, to do a mic check.

Just a few moments ago, we had Madeleine Albright up here. She was checking on one of the side podiums to do her audio check. You will notice that there is no side podium now. They go in and out of the stage. There was a podium right there, but it is gone.

And when the people come out among the other things they do is they test their ability to use the teleprompter. We told you about that. Presumably they'll have something on there like testing, testing, audio check. But it is just a way for those who are going to be speaking to get a feel for the hall. The difference, of course, therein being that this evening when we get here these seats are going to be filled with thousands of people ready to cheer their candidate on, ready to send them out for the big political battle that lies ahead -- Daryn?

KAGAN: And I would imagine that at some point this morning the nominee himself will come out and test out the waters, so to speak.

FRANKEN: Well, we don't know what time that's going to happen, if it does. Now, of course, he's very familiar with his hall, but he's usually more familiar with it if he comes to watch a Bruins game or a Celtics game or something like that. This is for sporting events usually. And I suppose one could argue that there's no greater contact sport than, you know, politics.

KAGAN: Yes. And if he's ever going to make a slam dunk, tonight would probably be the best time for him to do that.

FRANKEN: This would be the night, yes.

KAGAN: If we're going to keep those sporting analogies. Well, you know, you and I could do sporting analogies all day long, but we'll spare the audience. Bob Franken in Boston, thank you.

All right. Let's get some perspective now on the convention from two opposing viewpoints. Former Secretary of State Madeleine Albright and former New York mayor, Rudy Giuliani, were guests earlier on CNN's AMERICAN MORNING. The each talked about the issue of national security in the presidential race.

(BEGIN VIDEO CLIP)

MADELEINE ALBRIGHT, FMR. SECRETARY OF STATE. To have to tell you as somebody who's been in foreign policy my whole life, this international situation is a mess. That's a diplomatic term of art. And it requires new leadership.

And so, I think this is something that we need to discuss in front of the American people and make clear that John Kerry is the right leader to be able to protect America.

RUDOLPH GIULIANI (R), FMR. NEW YORK MAYOR: You've got to look at what people do, not what they say. John Kerry was on the intelligence committee for a large part of his career in the United States Senate. He missed 38 out of 48 meetings. He was absent for them.

John Edwards has been on for a short while, he's missed four of eight meetings of the intelligence committee, even since September 11th. So, this interest in saying that they are going to prosecute the war on terrorism as effectively as President Bush certainly is belied by the way in which they've acted in the past.

(END VIDEO CLIP)

KAGAN: The threat of a new terror attack could play a critical psychological role in the upcoming election. Our senior political analyst Bill Schneider now with the "Fear Factor."

(BEGIN VIDEOTAPE)

BILL SCHNEIDER, CNN POLITICAL ANALYST (voice-over): This is the first political convention since 9/11. Security is pervasive.

UNIDENTIFIED FEMALE. Well I think the police and others are very much on guard. We're being asked to show our identification everywhere we go.

SCHNEIDER: The Bush administration is continuing to issue strong warnings.

JOHN ASHCROFT, ATTORNEY GENERAL: The extremist terrorist al Qaeda is determined to hit the United States. I believe they have a plan to hit the United States again this year.

SCHNEIDER: Democrats call it fear mongering.

REP. NANCY PELOSI (D), MINORITY LEADER: If the administration has information to that extent, they should immediately shared it with Congress or stop the fear mongering.

SCHNEIDER: Fear does not seem to be pervasive at this convention.

UNIDENTIFIED MALE: Nothing is going to happen. It's going to be great.

UNIDENTIFIED MALE: I think there's been a lot of hype about it. And I think it's going to be overrated.

SCHNEIDER: In fact, the convention speakers have made a point of playing down the fear factor.

TERESA HEINZ KERRY, WIFE OF SEN. JOHN KERRY: John believes that we can and we must lead the world as America, unique among nations, always should by showing the face, not of its fears, but out of our hopes.

SCHNEIDER: Democrats accuse the Bush administration of spreading fear in order to gain political advantage, something they say John Kerry would not do.

SEN. EDWARD KENNEDY (D), MASSACHUSETTS: He knows that a true leader inspires hope and vanquishes fear. This administration does neither. Instead it brings fear.

SCHNEIDER: If the Democratic convention is downplaying the fear factor, you can be sure the Republican convention will not.

Want a preview?

DICK CHENEY, VICE PRESIDENT OF UNITED STATES: If terrorists get their hands on that deadly technology, there can be no doubt they will inflict catastrophic damage on America and our allies.

SCHNEIDER: We know what the message of the GOP convention will be.

CHENEY: Terrorist attacks are not caused by the use of strength, they are invited by the perception of weakness.

SCHNEIDER: And how that message will be received by some voters.

BERNARD KERIK, FMR. NYC POLICE COMMISSIONER: I fear and other attack, and I fear that attack with a John Kerry, Senator Kerry being in office responding to it.

SCHNEIDER: Bill Schneider, CNN, Boston.

(END VIDEOTAPE)

KAGAN: All right. Let's mix it up a little bit here. Check in with our "CROSSFIRE" co-hosts, shockingly not seeing eye, at the FleetCenter.

As always, Paul Begala on the left, Robert Novak on the right. Gentlemen, good morning. Thanks for getting up early with us. It early for you guys.

ROBERT NOVAK, CNN "CROSSFIRE" HOST: Good morning.

PAUL BEGALA, CNN "CROSSFIRE" HOST: Hi, Daryn. Not bad.

KAGAN: OK. Let's talk about the scripted and the unscripted. First of all, the scripted, and that would be Senator Kerry. We had all the harbor stuff, yesterday. Tonight this 9-minute bio-pic that was supervised by none other than Steven Spielberg.

Democrats first. Just because it's your party, Paul, you go first.

BEGALA: I can't wait to see it. John Kerry has a really unique American story of heroism. He is a child privilege. He decided to go and serve. As President Clinton said on the first night of this convention, he said send me when a whole lot of other people, including Bill Clinton, George W. Bush, and Dick Cheney said they didn't want to go.

And I think that's more relevant today because we are in a post 9/11 world. You just saw in that piece that you just showed us, the Bush campaign trying to spread fear. It seems to me their message is from the old horror movie, be afraid, be very afraid.

Well if that's the standard, I know who I'd rather want to be in a fox hole with, an Andover cheerleader or a naval war hero.

KAGAN: Hey Bob, is it true what I heard, that your souvenir for this convention, you want to get a DVD of tonight's movie so you can go home and play it over and over and over again?

NOVAK: Yes, you know, Daryn, Paul said he couldn't wait for that film. I can't wait.

KAGAN: You can wait?

NOVAK: I will wait.

I think this is a very dangerous approach taken by the Kerry campaign for two reasons. One is they have blocked out one aspect of the Senator's career, and that's when he was a war protester. There's a lot of film on that, not too good, accusing the United States of conscious, deliberate war crimes. You're going to see more of that film in the year.

But the other part is, the part of his heroism when he got all those medals, there's a lot of people who say this is very fishy. There going to be a retort on that. And I think you're going to see it beginning this week, of wondering just how good was John Kerry's war record?

This was invited by Senator Kerry. You never heard much about the details of his performance in Vietnam. They opened it up. Now they're going to have a very interesting counterattack on what kind of war record it is. It's going to be very interesting to watch. I can't wait for that.

KAGAN: OK. As we wait for that and wait for John Kerry's big moment tonight, a couple moments I want to talk about from last night.

The Reverend Al Sharpton, you might have liked what he had to say or not, but God bless Reverend Sharpton for having an unscripted moment and going off script that the Democratic convention. At least there was a surprise, Paul.

BEGALA: Yes, there was. I ran into Reverend Sharpton on Sunday night and he asked me about the speech, and I said put the wood to them.

You know, Senator Kerry has a problem in motivating African- American voters, something Bill Clinton never had. And it's a real problem. And Reverend Al Sharpton doesn't have that problem. And he got up there, and he spoke to the choir.

You know, Democrats, Al Gore got 92 percent of the African- American vote the last time around, but John Kerry can't take it for granted. He's going to have to find ways to motivate and inspire the African-American vote. And I thought Reverend Sharpton did a great job of doing that. Last night. It proves that Democrats are not taking black votes for granted.

KAGAN: By doing that, Bob, you think some of the Democratic strategists in the back were cringing because some of the things he is saying can be used against the Democrats?

NOVAK: They weren't cringing. They were dying in the back. I know that because I talk to them. Paul will always -- my good friend Paul will always say to somebody put the wood to them, and it's always -- it's not always the right idea.

KAGAN: Careful, it's a family program. Keep going.

NOVAK: I would say, Daryn, that this turns off most people. I really -- I don't even think African-Americans are energized by this kind of demagoguery. I like Al Sharpton. I thought he would've been a good candidate nominee for president by the Democrats, but I believe that this dwindles the vote. The kind of black they want out there representing the party is Senator Obama from Illinois and not Al Sharpton.

KAGAN: Well, it's been an interesting convention to see all different types of faces, including yours to. Good to have you with us this morning. Bob Novak, Paul Begala, thank you so much.

Let's take a look at tonight's convention speakers. It includes former Secretary of State Madeleine Albright, former NATO commander and ex-Democratic presidential candidate Wesley Clark, Senator Joseph Lieberman of Connecticut, also a former rival of Kerry, and of course Senator Kerry giving his acceptance speech.

Our own primetime lineup for you includes "ANDERSON COOPER 360" at 7:00 Eastern.

Wolf Blitzer follows at 8:00 Eastern.

At 9:00 "LARRY KING LIVE" is on the floor of the FleetCenter.

And for a schedule of tonight's key events and a special report on the convention as well as plenty of analysis is all there for you on our Web site cnn.com.

Other news today, federal agents are questioning a woman in Texas for possible terror connections. Officials say the woman's name appears on an FBI watch list.

She drew attention when customs agents discovered several pages had been torn from her South African passport. She flew from South Africa to Mexico with stops in Dubai and London before crossing into the U.S. Her final destination was apparently going to be New York City. Agents say the woman carried more than $7,000 in cash. The Bush administration has warned that al Qaeda could use women and not Arabs as operatives.

Well read all about it. For just a little while, you could. How confidential details of the Kobe Bryant case ended up on the courts Web site again. That story is coming up next.

The 9/11 commission has spoke and now both the White House and Congress are expected to take action. Tomorrow is a very big day. We'll explain with our Ed Henry.

And later, when news breaks, he fixes it. Jon Stewart talks and laughs with us when CNN LIVE TODAY returns.

(COMMERCIAL BREAK)

MARY SNOW, CNN FINANCIAL CORRESPONDENT: I'm Mary Snow at the New York Stock Exchange where stocks are edging higher as prices for oil cloth. Strong profit reports from big names like Exxon-Mobil, MetLife and Aetna are also helping to boost investor sentiment today. But a couple of negative brokerage comments on General Motors are keeping the blue chip average in check. GM stock is down more than 3.0 percent.

Checking the latest numbers right now. The Dow up five points. The Nasdaq is gaining close to 1.0 percent. The price of oil is retreating down $0.55 a barrel from the record high reached just yesterday.

And that the latest from Wall Street.

LIVE TODAY continues right after the break.

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KAGAN: So far Salt Lake City police say they found nothing of consequence in searching for a landfill for clues in the disappearance of Lori Hacking. Authorities have labeled the case a criminal investigation to obtain a court order pursuing the contents of a search warrant.

Hacking's husband says his wife never returned from a morning jog on July 19th. Police call him now a person of interest in their investigation.

In California next hour, Scott Peterson's attorney will ask a judge to bring the double murder trial to an end alleging police perjury. The defense wants a mistrial or dismissal because it says a detective lied on the stand. Peterson is charged with killing his wife Laci and their unborn son.

There has been yet another court snafu in the Kobe Bryant case. For the third time a court official has released information that was supposed to remain confidential and he did it on the Internet.

CNN national correspondent Gary Tuchman is in Eagle, Colorado with details. Gary, good morning.

GARY TUCHMAN, CNN NATIONAL CORRESPONDENT: Daryn, hello to you.

The attorney for the alleged victim in the Kobe Bryant case is so angry that he decided to talk to me on the record, on the telephone, despite the fact that under the tough decorum orders in this case he could get in trouble for doing so.

He is angry that for the third time, as you said, Daryn, online for reporters to see information that was supposed to be confidential. In this case, it contained the woman's name and information about Kobe Bryant's rape exam which the defense hopes to show proves that this woman had sex with someone the day after she was with Kobe Bryant.

Her attorney John Clune strongly denies that. And he talked to me yesterday on the telephone about what has happened on the computer now three times. He told me, "She," meaning his client, "does not trust the judge in court and she has no reason to at this point."

He then added to me, "The judge needs to apologize, and he has to explain to her that these are not intentional acts."

Now we've been very careful, as have most news in this case, not to use this woman's name, and were not going to do so today, despite the fact that we keep seeing it.

We also have not shown her face when she's gone inside the court. No this all comes on the heels of a mistake last month in which 206 pages of information that was supposed to be confidential were sent to some reporters. And the judge said you should immediately destroy it -- reporters you could go to jail.

The reporters appealed it. It went all the way to the U.S. Supreme Court. The U.S. Supreme Court on first amendment grounds made it clear to the trial judge that he should release this information.

The judge has decided to do so. He will meet this Friday in a previously scheduled pretrial hearing to discuss with lawyers how to release it. The information about this woman's rape exam will probably be released to reporters this Monday. And this all comes after the judge decided two weeks ago that many details of the woman's sex life will be allowed to be discussed during the trial which begins on August 27.

I ask John Clune, with all these things going on, does this woman still want to go ahead with this trial. And he said, she still does.

Daryn, back to you.

KAGAN: All right, Gary Tuchman in Eagle, Colorado tracking that case for us, thank you.

A spokesman for Anthony Anderson says that he is confident the actor will be cleared of a rape charge. Anderson and another man were arrested on a movie set in Memphis, Tennessee yesterday. They were scheduled to be arraigned today. A woman has accused the two of sexually assaulting her in a trailer used by the film crew.

Anderson has appeared in movies like "Barber Shop" and "Me, Myself and Irene" and others.

They say everything is bigger in Texas. Unfortunately this morning that goes for storms and flooding as well.

The latest pictures and weather forecast coming up.

And later, our intrepid Richard Quest is back. He continues his own quest for the spirit of the American voter. Today, it's taking him to one group that could hold the key to a battleground state.

Richard Quest is just ahead.

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KAGAN: A foot of rain caused huge problems overnight around the Dallas-Fort Worth area. The sheriff's department reports more than 80 high water rescues were made, including a 16-year-old boy who was swept into a flooded creek.

One vehicle death was blamed on the weather and more than 200 homes were evacuated in the town of Lancaster. So, what can the folks in Texas expect today. Our own Texan, honorary Texan, Orelon Sidney, takes a look at.

ORELON SIDNEY, CNN METEOROLOGIST: It seems like you're going to get a little bit better forecast as the day goes on.

(WEATHER BREAK)

SIDNEY: Daryn?

KAGAN: All right, Orelon, thank you for that. Wishing dry times to our friends in Texas.

The recommendations have been made. Now come the action and the political jockeying. A follow-up from the 9/11 commission report is about to reach critical mass -- details next.

And later, the presidential race is nothing to laugh at, well, unless your Jon Stewart. An unconventional look at the convention just ahead.

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KAGAN: I'm Daryn Kagan at the CNN Center in Atlanta. Let's check what's happening now in the news this Thursday, July 29th.

It is almost show time for John Kerry at the Democratic national convention. A live picture there from the FleetCenter where he will formally accept his party's nomination to run against President Bush.

Kerry's nomination was sealed last night with a roll call of states.

Kidnappers in Iraq reportedly have seized a Somali truck driver. They're threatening to behead him if the Kuwaiti company that he works for doesn't withdraw from Iraq in 48 hours.

And President Bush is expected to sign executive orders by early next week implementing some intelligence reforms suggested by the 9/11 commission. Many of the recommendations will have to wait for legislation to be enacted by Congress.

Keeping you informed, CNN is the most trusted name in news.

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